Newport News, VA asked in Criminal Law for Virginia

Q: Va statue of limations on what ever they prosecute statutory rape as

I was 16 he was 20, happened in nov 2012. Reported like nov or dec 2017, was told by detective that he has no doubt that something happened that day but my statute of limations ran out even tho I didn’t report it because I didn’t think it would have a lasting effect on me and now I have ptsd, anexity, and I was told may have triggered my schizo just under 2 years ago by a therapist and I thought I had 2 years after first being told this to report it. So just wondering what the limations are in va for statutory rape with physiological effects caused by it is.

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1 Lawyer Answer

A: From your question, it sounds like this was a consensual sexual encounter when you were age 16. Assuming it was consensual, then it would fall under Virginia Code Secrion 18.2-371, which would be a class 1 misdemeanor. For a misdemeanor, the ststute of limitations is 12 months from the date of the incident. Therefore, the statute of limitation would have already expired.

If the incident was something that could be charged as a felony, then there is no staturebof limitations on felonies in Virginia. However, your question does not seem to describe a felony offense

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